Rajesh Prasad @ Rajesh Prasad Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43777 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- JHAJHA District- Jamui ====================================================== Rajesh Prasad @ Rajesh Prasad Barnwal, Male, aged about 43 years, Son of Mohan Prasad @ Mahao Prasad Barnwal, Resident of Village-Purani Bazar, Jhajha, Police Station-Jhajha, District-Jamui. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Jai Shanker Prasad, Advocate.

For the Opposite Party :

Mr.Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 16.04.2019 in a case for the offence registered under Sections 419, 406, 420, 481, 467, 468 and 471 of the IPC. The prosecution story, in brief, is that on decrease of sale of Nihar Natural Badam Aawala Kesh Tel, the informant was ordered to enquire into the matter and in course of enquiry, the informant got information that this petitioner is indulged in selling duplicate product of the informant by labelling the product in the company name of the informant. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.43777 of 2019(2) dt.16-07-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. 640 Plastic Bottles of 34 ML, 102 Plastic Bottles of 80 ML and 655 Sheets of 80 Ml, all are said to be duplicate, is alleged to have been recovered from the joint house of the petitioner. The petitioner had no knowledge regarding the alleged occurrence. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Begusarai, in connection with Jhajha P.S. Case No. 157 of 2018. (Sudhir Singh, J) U.K./- U T